The following, published Feb 5th by Planning quarterly, provides a clear summary of the Judicial review story.
Council permission for intensive chicken farm quashed following crowdfunded legal challenge
5 February 2021 by Conor McGlone and Gavin McEwan
A consent order published by Cardiff Administrative Court on 2 March quashed the permission granted last September by Powys County Council for the erection of two poultry buildings and associated infrastructure at Llanshay Farm, Knighton.
Powys has been dubbed the “poultry capital of Wales” due to the number of IPUs operating in the county.
The case was brought by campaign group Sustainable Food Knighton (SFK), which argued that the council had not taken all environmental impacts arising from the development into account when granting permission, in particular those stemming from the need to spread manure on fields.
The consent order said the council "accepts that there was no evidential basis for the officer's conclusion that the impacts on amenity from the proposed development would be acceptable because the fields were unlikely to be spread with manure from the proposed development more than twice per annum".
A council spokesperson told Planning: "The council acknowledges receipt of the judicial review consent order and will enact upon the order which has quashed the planning decision granted in September 2020.
"It will be necessary for the planning matters identified in the consent order to be addressed and re-considered as part of the re-determination of the planning application."
An SFK spokesperson said: “Although the application can still be reopened, the particular point conceded will have to be addressed along with, potentially, other grounds for objection that the group highlighted."
These include the impact on landscape, water and soil health, biodiversity and human health, and also the cumulative impact of the hundreds of other IPUs now in Powys.
Last year, Welsh government agency Natural Resources Wales said it would conduct a “detailed review” after algal blooms turned the river Wye green and resulted in significant damage to its biodiversity.